Black Fungus: "Show Current Status On Imports Of Liposomal Amphotericin B": Delhi High Court Seeks Centre's Response On Augmentation Of Drugs

The Delhi High Court on Friday directed the Centre to file a detailed current status of the imports of Liposomal Amphotericin B. 

A division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh also directed the Centre to explain as to how the figure of 2 lakh 30 thousand was arrived at and whether there was availablity of the drug which was being imported.

The development came after the Bench was apprised by ASG Chetan Sharma that in the consolidated status report filed by the Centre, it has been disclosed that the Ministry of Health and Family Welfare on 24th May called upon the Minister of External Affairs to take steps to procure 2,30,000 vials of Liposomal Amphotericin-B from Australia, Russia, Germany, Argentina, Belgium and China. 

The Court was further informed that the Ministry of External Affairs has also been called upon to procure 50,000 tablets of Isavuconazole and that the steps in this regard are being taken by the Ministry.

This was done in view of increasing the augmentation of capacity of the drugs used to treat Mucormycosis also known as black fungus. In view of this, the Department of Pharmaceuticals (DoP) had been assessing the availability of the drugs for treating the same, both through domestic manufacture and through import.

"UOI should place before the Court detailed current status of the imports. It should also be indicated as to how the figure of 2 lakh 30 thousand has arrived at and whether there is availability of the drug which could be imported." The bench ordered.

During the course of hearing, Senior Advocate Rahul Mehra appearing for GNCTD questioned the Centre's response and submitted thus:

"Whatever is being done is not done. 9 days have gone. God knows how many lives are lost. Shouldn't the UOI show some sensitivity? This is not like oxygen. We have understood it. I'm not for a minute placing the Central Government on mat. But can we please move with elacrity and come to a conclusion. Even 2 lakh is not what we have today. There is a gap of 8-9 times."

Furthermore, he stated that "I'm not contradicting anything the Central Government is saying. Domestically they have explored. Can they come back before the Court and say that the same exercise they have undertaken globally?"

In view of this, Justice Sanghi orally remarked thus:

"We need a definite statment from you about what happened to the 2 lakhs vials, what is their status, how have you dealt with it. Because today the requirement is much more."

Agreeing that the Centre shall file response on the queries, the Court listed the matter for further hearing on Monday.

The development came after the Bench sought Centre's response by way of filing a status report indicating the steps taken by it to facilitate the production of Amphotericin B drug used to treat Black Fungus and also on the aspect of its allocation to States.

While doing so, the Bench had ordered:

"It appears that the present production in supply and projection of supply and imports may fall short of the requirement to treat Black Fungus."